United States District Court, D. Montana, Butte Division
January 5, 2015
UNITED STATES OF AMERICA, Plaintiff,
MICHAEL WILLIAM TRIBBLE, Defendant.
DANA L. CHRISTENSEN, Chief District Judge.
United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on December 4, 2014. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. § 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).
Judge Lynch recommended this Court accept Michael William Tribble's guilty plea after Tribble appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to one count of distribution of child pornography (Count I), and one count of receipt of child pornography (Count VI), each in violation of 18 U.S.C. § 2252(a)(2) and (b)(1), as set forth in the Indictment. Defendant further agrees to the forfeiture allegation in the Indictment. In exchange for Defendant's plea, the United States has agreed to dismiss Counts II through V of the Indictment.
I find no clear error in Judge Lynch's Findings and Recommendation (Doc. 19), and I adopt them in full, including the recommendation to defer acceptance of the Plea Agreement until sentencing when the Court will have reviewed the Plea Agreement and Presentence Investigation Report.
Accordingly, IT IS ORDERED that Michael William Tribble's motion to change plea (Doc. 11) is GRANTED and Michael William Tribble is adjudged guilty of Counts I and VI of the Indictment.